18.85.040 Compensation for area losses due to setback requirements.
To minimize adverse impacts on property owners from implementation of the conservation measures required by this chapter, some flexibility in design and density standards may be allowed, as follows:
A. Residential Development.
1. Where residential development is proposed and wetland, riparian, and/or floodway/parks/greenway setback area(s) are dedicated for public use, the planning commission may allow a developed density equal to the number of total dwelling units that would have been allowed on the whole tract without the conservation dedication, as long as structural setbacks, off-street parking and other residential development standards can be met.
2. When conserved density cannot otherwise be accommodated on land outside the dedicated setback area, the lots outside the OFPG zone may be developed at 75 percent of the minimum lot size of the applicable zoning district (e.g., in the RS-5 district 8,000 square feet becomes 6,000 square feet), but only to the extent that permitted density is preserved and it does not create a condition that may be harmful to public health, safety and welfare. This extends the “lot size averaging” principle in TMC 17.15.030(C).
3. Where implementation of the required setback area might otherwise prohibit reasonable use of land zoned for residential uses, the planning commission may allow the setback area, dedicated to public use or otherwise, to be applied to the area required for landscaping, recreation area and/or open space, as required in the underlying zoning district and Chapters 18.105 and 18.110 TMC.
B. Commercial, Industrial, or Institutional Development.
1. Where application of the conservation setback might otherwise prohibit reasonable use of land zoned for commercial, industrial or institutional uses, the planning commission may allow a dedicated greenway area to be applied to the area required for landscaping and/or open space, as required in the underlying zoning district and Chapters 18.105 and 18.110 TMC.
2. For a multi-unit development for commercial, industrial or institutional uses, when the conservation setback area is dedicated to public use, the planning commission may negotiate special standards for development. Examples of design elements that may be negotiable include setbacks and parking areas. Any such consideration shall include prevention of any condition that might be harmful to public health, safety and welfare. [Ord. 847 § 4 (Exh. B), 2008; Ord. 817 § 8-3H.240, 2006.]